PRADEEP JAILSWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed the present petition being aggrieved by the order dated 06.11.2018 passed under section 51 of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short 'the Adhiniyam of 1973') by the Commissioner whereby the revision filed by the petitioner has been dismissed.

(2.) The Ujjain Development Authority (UDA) has finalized the scheme No.19/11 by notification dated 01.03.2013. Being aggrieved by the publication of the scheme, the petitioner being the owner of land bearing survey No.59/5, Meen-2, Village Lalpur, Tehsil and District Ujjain filed a revision before the Commissioner under section 51 of the Adhiniyam of 1973. By order dated 06.11.2018 the Commissioner has dismissed the revision, hence the present petition.

(3.) Shri Rishi Tiwari, learned counsel appearing for the respondent/Ujjain Development Authority has raised a preliminary objection regarding the maintainability of the writ petition for want of the remedy available to the petitioner under section 52 of the Adhiniyam of 1973. Shri Tiwari submits that under section 52 of the Adhiniyam the State Govt. is competent to modify the town development scheme during its execution. He further submits that number of writ petitions filed before this Court pertaining to the same scheme have been dismissed by relegating to the petitioner to approach the State Govt. under section 52 of the Adhiniyam of 1973. One of the orders passed in W.P.No.2472/2019 is reproduced below: